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Decision Number
115
Book
14
Month
May
Year
1997
In RE
Michael Andrews
Appellant
Carolyn Toyne
Appellee
College Community School District
Full Text
Summary

Appellant is maternal grandmother of Michael Andrews and lives in the Cedar Rapids Community School District. Prior to being placed in Four Oaks Treatment Center, Michael was a student at Vinton-Shellsburg Community School District. Michael was placed in Four Oaks Treatment Center by court order. He was also placed with his grandmother by court order.

Cedar Rapids approved the application on February 10, 1997, and sent it to the College Community School District, that denied it on February 17, 1997. On its denial, the District stated that Michael was never a resident pupil. The District denied the application on insufficient classroom space and then went on to consider whether Ms. Toyne's application should be granted as a continuation. Since the District had already decide that Michael was never a resident pupil, the continuation of educational programming without interruption did not apply according to the District.

"Good cause" for filing late exists in limited circumstances set forth in section 282.18(16)(1997). It includes circumstances such as Michael's where his residence changed due to court placement. Therefore, Ms. Toyne's application had "good cause" for filing a late application.

Michael's residence was not established with his mother or grandmohter in another district by operation of law. Four Oaks is a residential facility in the District, and Michael was living there. Therefore, Michael was a resident of the District while he was living at Four Oaks. Ms. Toyne had the option to have Michael remain in the College Community District under open enrollment with no interruption in his educational program.